AMINA ADAMU AUGIE, J.C.A (Delivering the Leading Judgment): The Respondent, an Assistant Superintendent of Prison then in charge of the Ogba Prison Farm, Oko, Benin City, was first removed from service on an allegation of theft and looting of government property, however, he was later re-instated vide letters dated 20th August 1996.
By a letter dated 15th August 1997, he was asked to proceed on his annual leave but when he resumed duty on the 29th of September 1997, he was served with a letter dated 1st September 1997, which notified him that he was dismissed from service with immediate effect for misconduct.
He took the letter to his Solicitors, and the action that led to this appeal was filed at the Federal High Court, Benin City on 11th December, 1997. His Statement of Claim was filed much later on 18th March 2002, and it was amended three times. The relevant pleading is the second Further Amended Statement of Claim filed on 13th January 2005, wherein the Respondent as Plaintiff …